大家幫幫忙解決以下有關Contract Law問題! 好急!
Daniel owns a collection of antiquefurniture. He received a letter from Simpson which stated: “I hereby offer tobuy your collection of antique furniture for $500000.” Daniel delayed replying for two weeks whilehe arranged to have his furniture collection valued. The valuer told him thatit was worth only $350000. Daniel called Simpson’s wife and said: “InformSimpson that I accept his offer.” Simpson’s wife told Daniel that Simpson wasno longer interested in purchasing the furniture, because he had bought anantique collection from another seller. According to the above scenario, can Danielsue Simpson for breach of contract? ***因為我唔肯定 ”Danieldelayed replying for two weeks”仲可唔可以算係於 reasonable time內回覆Simpson! 當Daniel打電話俾 Simpson嘅wife話accept Simpson嘅offer, 咁算唔算有contract成立?? 謝謝!! ***
- 8 年 前最佳解答
Before answering the question,please make sure you are clear about the Concepts of contract ,including what elements are required to form a valid contrat , offer ,acceptance, parties intention and even consideration. The answer of the above question is No if based on the fact u mentioned. Contract had not be formed before clear acceptance hadbeen made to the respective offer. Besides, the offeror has the right to retreat his offer anytime before acceptance had been made provided that no consideration had been given. In your case, even if simpson clearly mention in the letter that the offer will be opened within 2 weeks but Daniel had not given any consideration. There will still be no problem for Simpson to retreat the offer earlier than the listed day in the letter. Although there is a need for the offeror to tell the offeree the offer had been cancelled ,it can be opreated by any third parties,like the case of simpson's wife. Form the fact u mentioned,clearly there had not be found any contract was formed. If no contract had been formed , how could breach of contract occurred.By the way , u still need cases to support your answer .but please make sure u are clear abt the concept first! As the formation of contract is the basic knowledge in your contract study.資料來源： Me